Laserfiche WebLink
wt <br /> (B) Where the Secretary of the United States Department of <br /> Agriculture has determined, with respect to lands in national forests which do <br /> not have significant forest cover, that surface mining is in compliance with <br /> the "Multiple-Use Sustained-Yield Act of 1960, " as amended, the "Federal Coal <br /> Leasing Amendments Act of 1975," as amended, the "National Forest Management <br /> Act of 1976, " as amended, and the provisions of Article 33 of Title 34, C.R.S. <br /> (III) Will not adversely affect any publicly owned park or place <br /> included in the National Register of Historic Sites unless approved jointly by <br /> the Division and Federal , State, or local agency with jurisdiction over the <br /> park or the historic site; <br /> (IV) Does not include lands within one hundred feet of the outside <br /> right-of-way line of any public road, except where mine access roads or <br /> haulage roads join such right-of-way line, except to the extent that the <br /> Division has permitted such roads to be relocated or the area affected to lie <br /> within one hundred feet of such road after public notice and opportunity for <br /> public hearing in the locality and a written finding has been made by the <br /> Division that the interest of the public and the landowners affected thereby <br /> will be protected; and <br /> (V) Does not include lands within three hundred feet of any <br /> occupied dwelling, unless with the consent of the owner thereof, nor within <br /> three hundred feet of any public building or school , church , community, or <br /> institutional building or any public park, nor within one hundred feet of a <br /> cemetery. <br /> (h) To the extent, if any, that the surface area proposed to be <br /> affected by the operation contains prime farmland and is not exempt from the <br /> special requirement of such article regarding reclamation of prime farmlands , <br /> the Division has , after consultation with the Secretary of the United States <br /> Department of Agriculture, and pursuant to regulations issued by the Secretary <br /> of the United States Department of the Interior with the concurrence of the <br /> Secretary of the United States Department of Agriculture, determined that the <br /> operator has the technological capability to restore such mined area, within a <br /> reasonable time, to equivalent or higher levels of yield as non-mined prime <br /> farmland in the surrounding area under equivalent levels of management and <br /> that the operator can meet the soil reconstruction standards in C. R.S. , <br /> 34-33-120(2)(g) . <br /> IV. A copy of the operator ' s application, as amended and supplemented, has <br /> been approved by the Division and is by this reference incorporated herein . <br /> GRANTS, CONDITIONS AND AGREEMENTS <br /> A. The Division, in reliance upon the representations and promises <br /> made in such application, as amended and supplemented, and based upon the <br /> foregoing findings , hereby issues this permit to operator, to engage in the <br /> operations described in the application on the following lands lying in the <br /> County of Garfield, State of Colorado: <br />